I write today as both a concerned member of the public and a recipient of a “Defamation Concerns Notice” issued by an interstate law firm. This notice appears to be part of an ongoing attempt to stifle free speech through the use of litigation.
While I have no issue with an individual potentially pursuing legal action against me for my public statements, the critical question I must raise is this: “Are the Victor Harbor Council funds being used, directly or indirectly, to reimburse or support this action?
The principle at stake here goes beyond my personal situation—it is about transparency, accountability, and the protection of every South Australian’s right to free speech.
Specifically:
- Who is funding this legal action? Is the CEO classifying this expenditure as discretionary spending?
- Has the Council approved or been informed of any potential use of public funds for this purpose?
This issue reflects a troubling trend where we see reports by the ABC News (Whyalla council threatens legal action over residents’ social media posts – ABC News) by councils use of ratepayers’ funds to silence inquiring voices that may cause embarrassment to Council Administrators and Elected Members alike. For instance, the City of Whyalla Council recently engaged Kelledy Jones Lawyers to issue take-down notices to several residents over Facebook posts. Residents, such as Nick Antonio, received letters accusing them of being “abusive, misleading, and offensive,” and were ordered to remove posts and refrain from making similar comments in the future.
Mr. Antonio, appalled by this action, stated, “I am deeply disappointed and shocked by the accusations. The attempt to silence my public criticism by the Council and its lawyers feels like an infringement on my freedom of speech, especially during these challenging times.”
The guiding principles of local government are too often not considered or are ignored in the decision making process and this must change.
I wish to submit the following critical question from the gallery for the January 2025 council meeting:
- Has, or will, Victor Harbor Council in any way reimburse or support its employee(s) or elected members in pursuing any legal action against residents or individuals for expressing their opinions?
This is not just a question of financial accountability but of defending the democratic principle of free speech. While I acknowledge that the health and safety of staff and elected members is a concern, conversely, the health and safety of members of the public who choose to voice opinions contrary to those of the Council—both Administration and Elected Members—must also be protected. These individuals should not be pressured or bullied with threats of litigation.
Remember, you are all public servants, and your obligation is to the public.
The public deserves transparency, and I urge you to answer this question openly and honestly. I will reserve further public comment until an answer is provided, but rest assured, this issue will not be ignored.
This is not merely about one legal notice or one individual—it is about protecting the right of every resident to speak freely without fear of reprisal or intimidation.
Sincerely,
Terry Andrews
Ex-Councillor, Chair of Council Watch Inc.
Council Watch Victor Harbor 